(a) Any person who applies for a new permit shall be required to
publish notice of intent to construct a new facility or modify an
existing facility in a newspaper in general circulation in the
municipality where the facility is located. Any person who applies
for a permit amendment shall provide public notification as
required by the executive director.

(b) Upon written request by the owner or operator of a facility
which previously has received a permit or special permit from the
TNRCC, the executive director, or designated representative may
exempt the relocation of such facility from the requirements of
this section if there is no indication that operation of the
facility at the proposed new location will significantly affect
ambient air quality and no indication that operation of the
facility at the proposed new location will cause a condition of air
pollution.

116.131 Public Notification
Requirements

(a) Notification by applicant. If the application is complete,
for any permit subject to the FCAA, Title I, Part C or D, or to
Title 40 Code of Federal Regulations (CFR), Part 51.165(b), the
executive director shall state a preliminary determination to issue
or deny the permit and require the applicant to conduct public
notice of the proposed construction. If an application is received
for a permit not subject to the FCAA, Part C or D, or to 40 CFR
51.165(b), the executive director shall require the applicant to
conduct public notice of the proposed construction. In all cases,
public notice shall include the information specified in §
116.132 of this title (relating to Public Notice Format) and the
applicant shall provide such notice using each of the methods
specified in § 116.132 of this title. The executive director
may specify that additional information needed to satisfy public
notice requirements of 40 CFR § 52.21 also be included in the
notice published pursuant to § 116.132 of this title.

(b) Availability of application for review. The executive
director shall make the completed application (except sections
relating to confidential information) and the preliminary analyses
of the application completed prior to publication of the public
notice available for public inspection during normal business hours
at the TNRCC Austin office and at the appropriate TNRCC regional
office in the region where construction is proposed throughout the
comment period established in the notice published pursuant to
§ 116.132 of this title.

116.132 Public Notice
Format

(a) Publication in public notices section of newspaper. At the
applicant's expense, notice of intent to obtain a permit to
construct a facility, modify an existing facility, or to seek
permit renewal review shall be published in the public notice
section of two successive issues of a newspaper of general
circulation in the municipality in which the facility is located or
is proposed to be located, or in the municipality nearest to the
location or proposed location of the facility. The notice shall
contain the following information:

(1) permit application number;

(2) company name;

(3) type of facility;

(4) description of the location of facility or proposed location
of the facility;

(5) contaminants to be emitted;

(6) preliminary determination of the executive director to issue
or not issue the permit (for permits subject to the FCAA, Title I,
Part C or D, or to 40 Code of Federal Regulations 51.165(b));

(9) procedure for submission of public comments concerning the
proposed construction;

(10) notification that a person who may be affected by emission
of air contaminants from the facility is entitled to request a
hearing in accordance with TNRCC rules; and

(11) name, address, and phone number of the regional TNRCC
office to be contacted for further information.

(b) Publication elsewhere in the newspaper. Another notice with
a size of at least 96.8 square centimeters (15 square inches) and
whose shortest dimension is at least 7.6 centimeters (three inches)
shall be published in a prominent location elsewhere in the same
issue of the newspaper and shall contain the information specified
in subsection (a)(1)-(4) of this section and note that additional
information is contained in the notice published pursuant to
subsection (a) of this section in the public notice section of the
same issue.

(c) Additional alternate language public notice. The
requirements of this subsection are applicable whenever either the
elementary school or the middle school located nearest to the
facility or proposed facility provides a bilingual education
program as required by the Education Code, § 21.09, and 19 TAC
§ 89.2(a) or if either school has waived out of such a
required bilingual education program under the provisions of 19 TAC
§ 89.2(g). Schools not governed by the provisions of 19 TAC
§ 89.2 shall not be considered in determining applicability of
the requirements of this subsection. Each affected facility shall
meet the following requirements.

(1) The applicant shall publish an additional notice at least
once in each alternate language in which the bilingual education
program is taught. If the nearest elementary or middle school has
waived out of the requirements of 19 TAC § 89.2(a) under 19
TAC § 89.2(g), the notice shall be published in the alternate
languages in which the bilingual education program would have been
taught had the school not waived out of the bilingual education
program.

(2) Each notice under this subsection shall be published in a
newspaper or publication that is published in the alternate
language in which public notice is required.

(3) The newspaper or publication must be of general circulation
in the municipality or county in which the facility is located or
proposed to be located.

(4) The requirements of this subsection are waived for each
language in which no publication exists, or if the publishers of
all alternate language publications refuse to publish the
notice.

(5) Notice under this subsection shall only be required to be
published within the United States.

(6) If the alternate language publication is published once a
week or more frequently, then notice shall be published in two
successive issues. Otherwise, only one publication shall be
required.

(7) If the alternate language publication is published less
frequently than once a month, this notice requirement may be waived
by the executive director on a case-by-case basis.

(8) Each alternate language publication shall follow the
requirements of subsections (a) and (b) of this section not
otherwise inconsistent with this subsection.

(d) exemptions from alternate language notification. Elementary
or middle schools that offer English as a second language under 19
TAC § 89.2(d), and are not otherwise affected by 19 TAC §
89.2(a), will not trigger the requirements of subsection (c) of
this section.

116.133 Sign Posting
Requirements

(a) At the applicant's expense, a sign or signs shall be placed
at the site of the proposed facility declaring the filing of an
application for a permit and stating the manner in which the TNRCC
may be contacted for further information. Such signs shall be
provided by the applicant and shall meet the following
requirements:

(1) signs shall consist of dark lettering on a white background
and shall be no smaller than 18 inches by 28 inches;

(2) signs shall be headed by the words "PROPOSED AIR QUALITY
PERMIT" in no less than two-inch boldface block-printed capital
lettering;

(3) signs shall include the words "APPLICATION NO." and the
number of the permit application in no less than one-inch boldface
block-printed capital lettering (more than one number may be
included on the signs if the respective public comment periods
coincide);

(4) signs shall include the words "for further information
contact" in no less than 1/2-inch lettering;

(5) signs shall include the words "Texas Natural Resource
Conservation Commission," and the address of the appropriate
commission regional office in no less than one-inch boldface
capital lettering and 3/4-inch boldface lower case lettering;
and

(6) signs shall include the phone number of the appropriate
TNRCC office in no less than two-inch boldface numbers.

(b) The sign or signs must be in place by the date of
publication of the newspaper notice required by § 116.132 of
this title (relating to Public Notice Format) and must remain in
place and legible throughout the period of public comment provided
for in § 116.136(a) of this title (relating to Public Comment
Procedures).

(c) Each sign placed at the site must be located within ten feet
of each (every) property line paralleling a street or other public
thoroughfare. Signs must be visible from the street and spaced at
not more than 1,500-foot intervals. A minimum of one sign, but no
more than three signs shall be required along any property line
paralleling a public thoroughfare. The TNRCC may approve variations
from these requirements if it is determined that alternative sign
posting plans proposed by the applicant are more effective in
providing notice to the public.

(d) The TNRCC may approve variations from the requirements of
subsection (c) of this section if the applicant has demonstrated
that it is not practical to comply with the specific requirements
of subsection (c) of this section and alternative sign posting
plans proposed by the applicant are at least as effective in
providing notice to the public. The approval from the TNRCC under
this subsection must be received before posting signs for purposes
of satisfying the requirements of this section.

(e) These sign requirements do not apply to properties under the
same ownership which are noncontiguous and/or separated by
intervening public thoroughfares, unless directly involved by the
permit application.

(f) Alternate language sign posting. The requirements of this
subsection are applicable whenever either the elementary school or
the middle school located nearest to the facility or proposed
facility provides a bilingual education program as required by the
Education Code, § 21.09 and 19 TAC § 89.2(a) or if either
school has waived out of such a required bilingual education
program under the provisions of 19 TAC § 89.2(g). Schools not
governed by the provisions of 19 TAC § 89.2 shall not be
considered in determining applicability of the requirements of this
subsection. Each affected facility shall meet the following
requirements.

(1) The applicant shall post an additional sign in each
alternate language in which the bilingual education program is
taught. If the nearest elementary or middle school has waived out
of the requirements of 19 TAC § 89.2(a) under 19 TAC §
89.2(g), the alternate language signs shall be posted in the
alternate languages in which the bilingual education program would
have been taught had the school not waived out of the bilingual
education program.

(2) The alternate language signs shall be posted adjacent to
each English language sign required in this section.

(3) The alternate language sign posting requirements of this
subsection shall be satisfied without regard to whether alternate
language notice is required under § 116.132(c) of this title
(relating to Public Notice Format).

(4) The alternate language signs shall meet all other
requirements of this section.

(g) exemption from alternate language sign posting. Elementary
or middle schools that offer English as a second language under 19
TAC § 89.2(d), and are not otherwise affected by 19 TAC §
89.2(a), will not trigger the requirements of subsection (f) of
this section.

116.134 Notification of
Affected Agencies

When newspaper notices are published in accordance with §
116.132 of this title (relating to Public Notice Format), the
permit applicant shall furnish a copy of such notices and date of
publication to the TNRCC in Austin; the EPA regional administrator
in Dallas; all local air pollution control agencies with
jurisdiction in the county in which the construction is to occur;
and the air pollution control agency of any nearby state in which
air quality may be adversely affected by the emissions from the new
or modified facility. Along with such notices furnished to the
TNRCC, the permit applicant shall certify that the signs required
by § 116.133 of this title (relating to Sign Posting
Requirements) have been posted in accordance with the provisions of
that section.

116.136 Public Comment
Procedures

(a) Comment period. Interested persons may submit written
comments, including requests for public hearings pursuant to the
Texas Clean Air Act, § 382.056, on the permit application and
on the executive director's preliminary decision to issue or not to
issue the permit. All such comments and hearing requests must be
received in writing within 30 days of the last publication date of
the notices specified in § 116.132 of this title (relating to
Public Notice Format). The comment period for permit renewals and
for concrete batch plants which meet the conditions of a standard
exemption is 15 days. Any requests for a contested case hearing
shall include a brief, but specific, written statement of interest
and basis for challenging the application. Such statement shall
convey in plain language the requestor's location relative to the
proposed facility, why the requestor believes he or she will be
affected by emissions from the proposed facility, what the
requestor's concerns are about the emissions from the proposed
facility, and how the requestor believes emissions from the
facility will affect him or her if permitted. This statement shall
not be used as the basis for denial of party status in any
contested case hearing. Party status determinations will be made
based on evidence developed at the initial prehearing
conferences.

(b) Consideration of comments. All written comments received by
the executive director during the period specified in subsection
(a) of this section shall be considered in determining whether to
issue or not to issue the permit. The executive director shall make
record of all comments received together with the agency analysis
of such comments available for public inspection during normal
business hours at the Austin office of the Texas Natural Resource
Conservation Commission and appropriate regional office.

116.137 Notification of Final
Action by the Texas Natural Resource Conservation
Commission

(a) Notification of applicant. Within 180 days of receipt of a
completed application, the executive director shall notify the
permit applicant of the final decision to grant or deny the permit,
provided:

(1) no requests for public hearing or public meeting on the
proposed facility have been received;

(2) the applicant has satisfied all public notification
requirements of this section; and

(3) the federal regulations for Prevention of Significant
Deterioration of Air Quality and nonattainment review do not
apply.

(b) Notification of commenters. Persons submitting written
comments in accordance with § 116.136(a) of this title
(relating to Public Comment Procedures) or persons submitting a
written request to be notified of the final agency action within
the comment period specified in § 116.136(a) of this title
will be notified of the executive director's final decision at the
same time that the applicant is notified.

116.140
Applicability

Any person who applies for a permit to construct a new facility
or to modify an existing facility, or for an amendment to an
existing permit under § 116.110 of this title (relating to
Applicability) shall remit, at the time of application for such
permit, a fee based on the estimated capital cost of the project.
The fee will be determined as set forth in § 116.141 of this
title (relating to Determination of Fees). Fees will not be charged
for operating permits, permit alterations, amendments to special
permits, standard exemptions, site approvals for permitted portable
facilities, changes of ownership, or changes of location of
permitted facilities.

116.141 Determination of
Fees

(a) The estimated capital cost of the project is the estimated
total cost of the equipment and services that would normally be
capitalized according to standard and generally accepted corporate
financing and accounting procedures.

(b) The following fee schedule may be used by a permit applicant
to determine the fee to be remitted with a permit application.

(1) If the estimated capital cost of the project is less than
$300,000 or if the project consists of new facilities controlled
and operated directly by the federal government for which an
application is submitted after January 1, 1987, and the federal
regulations for Prevention of Significant Deterioration (PSD)
Review do not apply, the fee is $450. The provisions of subsections
(c) and (d) of this section do not apply to a project consisting of
new facilities controlled and operated directly by the federal
government.

(2) If the estimated capital cost of the project is $300,000 or
more and the PSD regulations do not apply, the fee is 0.15% of the
estimated capital cost of the project. The maximum fee is $75,000.
For determination of fees for projects applicable to PSD
regulations, see § 116.163 of this title (relating to
Prevention of Significant Deterioration Permit Fees).

(c) If the estimated capital cost of the project is less than
$50 million, the permit applicant shall include a certification
that the estimated capital cost of the project is correct.
Certification of the estimated capital cost of the project may be
spot-checked and evaluated for reasonableness during permit
processing. The reasonableness of project capital cost estimates
used as a basis for permit fees shall be determined by the extent
to which such estimates include fair and reasonable estimates of
the capital value of the direct and indirect costs listed as
follows.

(1) Direct costs are as follows:

(A) process and control equipment not previously owned by the
applicant and permitted in Texas;

(d) A fee of $75,000 shall be required if no estimate of capital
project cost is included with a permit application.

(e) An applicant for a permit or permit amendment not involving
any capital expenditure shall be required to remit the minimum
permit fee of $450.

116.143 Payment of
Fees

All permit fees will be remitted in the form of a check or money
order made payable to the Texas Natural Resource Conservation
Commission (TNRCC) and delivered with the application for permit or
amendment to the TNRCC, 12124 Park Circle, Austin, Texas 78753.
Required fees must be received before the agency will begin
examination of the application.

(1) Single fee. The executive director shall charge only one fee
for multiple permits issued for one project if it is determined
that the following conditions are met:

(A) all the component or separate processes being permitted are
integral or related to the overall project;

(B) the project is under continuous construction of the
component parts;

(C) the permitted facilities are to be located on the same or
contiguous property; and

(D) applications for all permits for the project must be
submitted at the same time.

(2) Return of fees. Fees must be paid at the time an application
for a permit or amendment is submitted. If no permit or amendment
is issued by the agency or if the applicant withdraws the
application prior to issuance of the permit or amendment, one-half
of the fee will be refunded except that the entire fee will be
refunded for any such application for which a standard exemption is
allowed. No fees will be refunded after a deficient application has
been voided or after a permit or amendment has been issued by the
agency.